1. Acceptance of Terms and Conditions; Binding Agreement

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS APPEARING BELOW BEFORE USING, VISITING, OR BROWSING THE WEBSITE FOUND AT THE DOMAIN WWW.MOONLIGHTINGSOLUTIONS.COM (“SITE” or “Site”), OR BEFORE REGISTERING OR OPENING AN ACCOUNT OR PROVIDING ANY INFORMATION. 

These Moonlighting Solutions, LLC Terms and Conditions of Service, which include our Privacy Policy (collectively, “Terms and Conditions”), constitute a binding contract between you and Moonlighting Solutions, LLC (“MLS” “Company”, “we”, “us”, or “our”). BY USING, VISITING, OR BROWSING THE SITE, BY REGISTERING OR OPENING AN ACCOUNT, BY CLICKING THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS, OR BY OR PROVIDING ANY INFORMATION VIA THE SITE, (A) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS; AND (B) YOU ACCEPT THESE TERMS AND CONDITIONS AND ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE, VISIT, OR BROWSE THE SITE, OR REGISTER OR OPEN AN ACCOUNT, OR PROVIDE ANY INFORMATION VIA THE SITE.

The Terms and Conditions apply when and whenever you view or use the Site, whether as a guest or as a registered user. The Site is operated by/on behalf of MLS. These Terms and Conditions also govern our provision and your use of any other content, services, information, or materials contained or listed on or made available on or through our Site, as well as and including all features and functionalities, our website and user interfaces, and any content associated therewith. 

2. Changes to Terms and Conditions

MLS reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions, including the Privacy Policy, in our sole and absolute discretion. It is your sole responsibility to check the Site from time to time to view any such changes to these Terms and Conditions. You will be deemed to have accepted such changes by continuing to use our Site or by otherwise demonstrating acceptance of or agreement to the same. The most current version of these Terms and Conditions can be reviewed by visiting our website and clicking on “Terms and Conditions” located at the bottom of the pages of the Site. The most current version of the Terms and Conditions will supersede all previous versions. 

3. Access to and Use of Our Site; Limits on Use

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services or content we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period, or for any purpose. From time to time, we may restrict access to some parts of our Site, or our entire Site. We have the right to terminate your access to the Site, including but not limited to if we determine that you have failed to comply with any of the provisions of these Terms and Conditions. You are solely responsible for keeping confidential any password you may be granted to access our Site, to any portion thereof, or to any related information or materials. We advise you not to share with anyone your password, payment methods or any other information associated with our Site or your account.

By accessing our Site, you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance and full compliance with the Terms and Conditions and with all applicable laws, rules and regulations, including all restrictions on use of the service or content therein. 

In addition, you shall not: 

1. use any portion of the Site, or any of our other intellectual property or property, except as expressly authorized in this Agreement;
2. use any portion of the Site other than in connection with and in furtherance of your relationship with MLS in a manner consistent with these Terms and Conditions, and then only for the intended purpose and functions contemplated in these Terms and Conditions;
3. in whole or in part, copy (except as may be expressly authorized), modify, reverse engineer, decompile, disassemble, attempt to derive source code, or otherwise tamper with, or create any derivative works from or of, the Site;
4. use the Site in any manner that is in any way unlawful or fraudulent, that harasses, abuses, threatens, defames or otherwise infringes the rights of others, that seeks to gain unauthorized access to any part of MLS’s computer network or internal files or user accounts, or that inserts, uses, or attempts to insert or use, viruses, malware, or other automated processes, or software or computer code, that interrupts, destroys, limits, surreptitiously monitors, or otherwise adversely affects any software, hardware, or electronic communications;
5. systematically retrieve content from the Site to produce a collection, or compilation, or use the Site for data mining, scraping, crawling, redirecting, or compiling any data for any purpose database or directory of data or information;
6. interfere with any tools or measures designed to limit access to the Site or to otherwise prevent anyone from exceeding the limited rights and licenses granted under this License;
7. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site, or any of its features or functionality, to any third party for any reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time; or
8. use the Site to attempt to interfere with the proper functioning, display, operation and/or usage of the Site by any authorized users or third parties, or use any proprietary information or interfaces of the Site or other intellectual property for any purpose not expressly authorized by this Agreement.
9. attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;
10. use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms and Conditions;
11. impersonate any other person while using our Site, conduct yourself in a vulgar or offensive manner while using our Site, or use our Site for any unlawful purpose; or
12. input or upload any protected health information into or onto the Site.

Your obligations under this Section 3 shall survive these Terms and Conditions and your use of our Site.

4. Privacy

Please review our Privacy Policy, which also governs your visit to and any orders from our Site, to understand our practices in relation to any personal information you provide. By providing us with your personal information, you agree and consent to our use of such data and/or personal information in accordance with our Privacy Policy.

5. Linking to and Links from Our Site

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have not reviewed the content of those websites and have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for and do not endorse or warrant any materials, information, goods or services available through any linked websites. These third-party websites have separate and independent privacy statements, notices, and terms of use, which we recommend you read carefully.

6. Trademarks; Site Contents and Copyright

The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are the registered and/or unregistered Trademarks of MLS, or such third party that may own the displayed Trademarks. You agree that no right, title, license, or interest in or to any of the same is granted to you hereunder, and you agree that no such right, title, license, or interest shall be asserted by you with respect to any of the same. You agree that you will not use any Trademarks (or anything similar thereto) in any advertising, promotional or sales literature without MLS’s prior express written authorization.

The text, information, materials, Trademarks, logos, images, graphics, content, photos, video files, and all other content available on or through our Site and their arrangement on our Site (collectively, “MLS Intellectual Property”) are or may be subject to patent, copyright, trademark and/or other intellectual property protection. MLS Intellectual Property may not be printed or copied for use or distribution, nor may MLS Intellectual Property be modified, processed, or reposted to other websites without our written permission. Access is granted to our Site solely for your use of the Site consistent with the purpose of the Site and these Terms and Conditions. No right, title or interest in any of the content of our Site is transferred to you as a result of any permitted use of our Site. All such rights in MLS Intellectual Property MLS are reserved by MLS.

If you print off, copy, download or otherwise use or disclose any part of our Site in breach of these Terms and Conditions, your license right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Your obligations under this Section 6 shall survive these Terms and Conditions as well as your use of our Site. 

7. Copyrights and Digital Millennium Copyright Agents

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Christopher Palmeiro, D.O. The agent can be reached at: Moonlighting Solutions, LLC, 1150 Revolution Mill Dr., Studio 6, Greensboro, NC 27405, or via email at info@moonlightingsolutions.com.

DMCA Infringement Notification.

To be effective, your infringement notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

1. We will remove or disable access to the content that is alleged to be infringing;
2. We will forward the written notification to the alleged infringer; and
3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Infringement Counter Notification

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from MLS, the alleged infringer will have the opportunity to respond to MLS with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to MLS’s designated copyright agent, and must include the following:

1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;” and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which MLS may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

8. Liability

DISCLAIMERS; NO WARRANTIES

THE SITE, ITS CONTENT, AND ANY SERVICES PROVIDED BY IT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT SITELY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

MLS DOES NOT WARRANT THE QUALITY, PERFORMANCE, OR ACCURACY OF THE SITE, NOR DOES IT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATION OF THE SITE WILL SATISFY YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED OR ERROR-FREE. MLS DOES NOT WARRANT OR REPRESENT THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS SERVERS, OR ANY COMMUNICATIONS SENT FROM MLS, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE AND UNDERSTAND THAT MLS IS NOT A HEALTH CARE ENTITY OR MEDICAL PROVIDER, DOES NOT ENGAGE IN THE PRACTICE OF MEDICINE, AND IS NOT IN THE BUSINESS OR PROFESSION OF PROVIDING OR OFFERING MEDICAL SERVICES. 

YOU ACKNOWLEDGE THAT YOU HAVE READ THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT SECTION 1542 GIVES YOU THE RIGHT NOT TO RELEASE EXISTING CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE, AND HAVING BEEN SO INFORMED, BY USING THE SITE YOU HEREBY WAIVE THE SITELICATION OF SECTION 1542 AND EVERY OTHER SIMILAR LAW IN EACH OTHER SITELICABLE JURISDICTION.

THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE(S). OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. 

 

LIMITATION OF LIABILITY

MLS IS NOT AND SHALL NOT IN ANY CASE BE LIABLE FOR ANY PERSONAL INJURY, OR FOR ANY LOSS, CLAIM, OR DAMAGE OF ANY KIND, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (EVEN IF MLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, WHICH IN ANY WAY ARISES OUT OF OR RELATES TO THE USE OF (INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA), OR INABILITY TO USE, THE SITE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MLS’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

LIMITATION OF DAMAGES

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE OUR SITE,  EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS AND CONDITIONS, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS SO DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS AND CONDITIONS SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO MLS WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

For New Jersey Residents: Nothing herein restricts your ability to recover damages or attorneys’ fees where mandated by statute.

The provisions of this Section 8 shall survive these Terms and Conditions and your use of our Site. 

9. Indemnification

You agree to defend, indemnify and hold harmless MLS, any parent or subsidiary company, its and their affiliates, and its and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to our Site; (ii) your violation of any of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Response submitted by you causes damage to a third party. These defense, indemnification and other obligations shall survive these Terms and Conditions and your use of our Site .

10. No Transfer of Rights and Obligations 

You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, change, sub-contract or otherwise dispose of these Terms and Conditions, or any of our rights or obligations arising under them, at any time. These Terms and Conditions are binding on you and us and on our respective successors and assigns.

11. Waiver

No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated by us to be a waiver and is communicated to you in writing. If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

12. Notice and Consent to Electronic Communications

When you visit this Site or send emails or provide information to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, email and text messages. We will communicate with you by email, text messaging, or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.

13. General Provisions

These Terms and Conditions (together with the Privacy Policy any of our agreements and notices herein referenced or any disclaimers concerning the Site) constitute the entire agreement between you and us concerning, and governs your use of, the Site, superseding any prior agreements between you and us as to the same, whether written or oral, relating to the subject matter.

 

These Terms and Conditions, and (except as required by applicable federal or state laws) the use of the Site, will be governed by and construed in accordance with the laws of the State of North Carolina, without giving any effect to any conflicts of laws provisions or principles of North Carolina or your actual state or country of residence. 

 

You recognize that your breach or violation of any of these Terms and Conditions may cause irreparable injury to MLS or its licensors or affiliates for which monetary damages may be an inadequate remedy. You agree that MLS and its licensors or affiliates may seek and obtain injunctive relief against the breach or threatened breach of your obligations hereunder, in addition to any other legal and equitable remedies which may be available to MLS.

 

These Terms and Conditions will bind and inure to the benefit of each party’s permitted successors and assigns. These Terms and Conditions and your obligations under them are personal to you and you may not transfer, assign or delegate them to anyone. Any attempt by you to assign, transfer or delegate these Terms and Conditions or your obligations under them shall be null and void. We may assign these Terms and Conditions at any time without notice to or permission from you.

 

You agree that we can update or modify these Terms and Conditions at any time by posting the same on the Site. Unless we note otherwise at the time of posting, changes will be effective immediately upon posting. You accept changes to these Terms and Conditions either by using the Site after we post the changes with the Site or by clicking to confirm acceptance. You are responsible for checking the Site for changes to these Terms and Conditions. You should periodically access these Terms and Conditions through the Site to review the current agreement.

 

If any provision of this Agreement is ruled invalid, unlawful, or unenforceable for any reason by a court of competent jurisdiction, then that provision shall be severed from and shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. No oral or written information or advice given by any agent or representative of MLS can, or shall, create a warranty regarding the Site. MLS reserves the right to cancel the Site or end your access to, or use of, the Site at any time for any reason. The provisions of this Section 18 shall survive these Terms and Conditions and your use of our Site .

For communications concerning these Terms and Conditions, please email MLS at info@moonlightingsolutions.com.